4.1 Contested Custody - Pre Decree
If parents are unable to agree regarding the permanent allocation of parental rights and responsibilities of their children, an investigation is required. The investigation may be initiated by: 1) a Decision or Order of the Magistrate, 2) an Order by the Judge or, 3) an Agreed Entry between the parties.
A Modified Investigation costing $100.00 is required in all cases where all children involved are over 12 years of age. A Full Investigation costing $350.00 is required in all cases where one or all of the children involved are under 12 years of age.
In order to initiate the investigation, the parties or their attorneys must deposit the appropriate fee with the Clerk of Courts Room 3-47. The attorneys then must present the Entry Ordering Investigation signed by the Magistrate or Judge (Form No. 2.5)-stamped "Cost Paid" by the Clerk of Courts, along with a completed Parenting Department Request For Services Form (Form No. 2.4), to the Department of Parenting Services in room 2-68.
A Parenting Specialist will investigate these cases. When applicable, Shared Parenting Plans must be submitted to the Parenting Specialist at the commencement of the investigation. The Parenting Specialist will then make a recommendation regarding the suitability of shared parenting.
All cases in which the allocation of parental rights and responsibilities are contested will be set for Pre-Trial before the assigned Judge. If after the Pre-Trial the case remains contested, the case will then be scheduled for Custody Trial before the assigned Judge.Questions regarding this process may be directed to the Department of Parenting Services at 946-9079.